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Would you have protested?

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Contender 541 View Drop Down
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Post Options Post Options   Quote Contender 541 Quote  Post ReplyReply Direct Link To This Post Topic: Would you have protested?
    Posted: 23 Aug 08 at 11:55am

And finally common sense is upheld

When you find a big kettle of crazy it's probably best not to stir it - Pointy Haired Boss

Crew on 505 8780

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Spyderman View Drop Down
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Post Options Post Options   Quote Spyderman Quote  Post ReplyReply Direct Link To This Post Posted: 23 Aug 08 at 9:42am
Court of Arbitration for Sport decision:
THE CASE HAS BEEN DISMISSED!
Jonas Warrer and Martin Ibsen of Denmark will keep their Gold Medal.

More
Are you interested in the Racing Rules of Sailing? Go to: http://rrsstudy.blogspot.com
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Post Options Post Options   Quote Spyderman Quote  Post ReplyReply Direct Link To This Post Posted: 21 Aug 08 at 10:08pm
Originally posted by golfdane

Originally posted by Much FWB

Originally posted by laser4000


Originally posted by Norbert

No appeals, basic entry conditions of any ISAF
sanctioned race be it at you local club or olympic medal raceACCEPTANCE
OF THE RULESBy participating in a race conducted under these racing
rules, eachcompetitor and boat owner agrees(a) to be governed by the
rules;(b) to accept the penalties imposed and other action taken underthe
rules, subject to the appeal and review procedures providedin them, as
the final determination of any matter arising underthe rules; and(c) with
respect to such determination, not to resort to any court orother tribunal
not provided in the rules.
Indeed - does breaching that by
complaining to CAS (even if not their choice) put the sailors as risk of
action under rule 69, from which one would assume they would be
banned for a while...


Not in the slightest - The CAS is a legitimate appeal tribunal as provided
for in the rules.

Could you please tell me where CAS is mentioned in the Racing Rules of Sailing?



It's not in the RRS, but in the rules nevertheless:
Other documents that govern the event: The Olympic Charter

Are you interested in the Racing Rules of Sailing? Go to: http://rrsstudy.blogspot.com
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Post Options Post Options   Quote Jimbob Quote  Post ReplyReply Direct Link To This Post Posted: 21 Aug 08 at 6:19pm
Mike BZ
Do you read peoples' posts or do you just make up what they say?
Nowhere either in my original post or in your copy of it do I mention courtroom.

But hey ho!
Jimbob
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Post Options Post Options   Quote golfdane Quote  Post ReplyReply Direct Link To This Post Posted: 21 Aug 08 at 1:15pm

Originally posted by Much FWB

Originally posted by laser4000


Originally posted by Norbert

No appeals, basic entry conditions of any ISAF
sanctioned race be it at you local club or olympic medal raceACCEPTANCE
OF THE RULESBy participating in a race conducted under these racing
rules, eachcompetitor and boat owner agrees(a) to be governed by the
rules;(b) to accept the penalties imposed and other action taken underthe
rules, subject to the appeal and review procedures providedin them, as
the final determination of any matter arising underthe rules; and(c) with
respect to such determination, not to resort to any court orother tribunal
not provided in the rules.
Indeed - does breaching that by
complaining to CAS (even if not their choice) put the sailors as risk of
action under rule 69, from which one would assume they would be
banned for a while...


Not in the slightest - The CAS is a legitimate appeal tribunal as provided
for in the rules.

Could you please tell me where CAS is mentioned in the Racing Rules of Sailing?

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Post Options Post Options   Quote golfdane Quote  Post ReplyReply Direct Link To This Post Posted: 21 Aug 08 at 1:14pm

Originally posted by Jimbob

Sportmanship has got nothing to do with it. 

2 FAIR SAILING

A boat and her owner shall compete in compliance with recognized principles of sportsmanship and fair play

Might I add:

3 ACCEPTANCE OF THE RULES

By participating in a race conducted under these racing rules, each competitor and boat owner agrees

(a) to be governed by the rules;

(b) to accept the penalties imposed and other action taken under the rules, subject to the appeal and review procedures provided in them, as the final determination of any matter arising under the rules; and

(c) with respect to such determination, not to resort to any court or other tribunal not provided in the rules.

The spanish and italian OC are twisting the facts in their request. The fact, that danes requested to use the croatian boat according to SI 21.2,and at the first possible moment subjected it for measurement, is left out of the request for consideration to CAS.

SI21.2 does not exclude hulls from equipment, and why should it?

Whatever other infractions that were done (appendix G in regards to identification), none of them appearently carry an automatic disqualification.

 

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Much FWB View Drop Down
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Post Options Post Options   Quote Much FWB Quote  Post ReplyReply Direct Link To This Post Posted: 21 Aug 08 at 12:55pm
Originally posted by laser4000


Originally posted by Norbert

No appeals, basic entry conditions of any ISAF
sanctioned race be it at you local club or olympic medal raceACCEPTANCE
OF THE RULESBy participating in a race conducted under these racing
rules, eachcompetitor and boat owner agrees(a) to be governed by the
rules;(b) to accept the penalties imposed and other action taken underthe
rules, subject to the appeal and review procedures providedin them, as
the final determination of any matter arising underthe rules; and(c) with
respect to such determination, not to resort to any court orother tribunal
not provided in the rules.
Indeed - does breaching that by
complaining to CAS (even if not their choice) put the sailors as risk of
action under rule 69, from which one would assume they would be
banned for a while...


Not in the slightest - The CAS is a legitimate appeal tribunal as provided
for in the rules.
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laser4000 View Drop Down
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Post Options Post Options   Quote laser4000 Quote  Post ReplyReply Direct Link To This Post Posted: 21 Aug 08 at 9:30am
Originally posted by Norbert

No appeals, basic entry conditions of any ISAF sanctioned race be it at you local club or olympic medal race

ACCEPTANCE OF THE RULES
By participating in a race conducted under these racing rules, each
competitor and boat owner agrees
(a) to be governed by the rules;
(b) to accept the penalties imposed and other action taken under
the rules, subject to the appeal and review procedures provided
in them, as the final determination of any matter arising under
the rules; and
(c) with respect to such determination, not to resort to any court or
other tribunal not provided in the rules.


Indeed - does breaching that by complaining to CAS (even if not their choice) put the sailors as risk of action under rule 69, from which one would assume they would be banned for a while...
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Norbert View Drop Down
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Post Options Post Options   Quote Norbert Quote  Post ReplyReply Direct Link To This Post Posted: 21 Aug 08 at 9:06am
No appeals, basic entry conditions of any ISAF sanctioned race be it at you local club or olympic medal race

ACCEPTANCE OF THE RULES
By participating in a race conducted under these racing rules, each
competitor and boat owner agrees
(a) to be governed by the rules;
(b) to accept the penalties imposed and other action taken under
the rules, subject to the appeal and review procedures provided
in them, as the final determination of any matter arising under
the rules; and
(c) with respect to such determination, not to resort to any court or
other tribunal not provided in the rules.
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MikeBz View Drop Down
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Post Options Post Options   Quote MikeBz Quote  Post ReplyReply Direct Link To This Post Posted: 21 Aug 08 at 8:53am

Originally posted by Jimbob

In sailboat racing the Rules are part of the game. Therefore if you can win in the protest room you go there. Sportmanship has got nothing to do with it.

Ainslie (twice) and Goodison used the Rules to win their gold medals. Some people might consider that what they did was unsportsmanlike.

What do you say to that.

To that I say that what Ainslie (twice) and Goodison did was not unsportsmanlike. I also say that it's rather different to trying to overturn a protest and subsequent appeal by resorting to a court of law. I don't consider that to be part of the game.   It would seem that you do.  Hey ho!

Mike

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